Category Archives: Trial of Salauddin Qader Chowdhury

25 March 2013: ICT-1 Daily Summary – Chowdhury Cross-Examination of PW 23

25 March 2013: ICT-1 Daily Summary –

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. the Economist – Reply from Respondent
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – Hearing of Request for Police Escort, Prosecution Witness 23

Today Mustafizur Rahman, counsel for the named respondents in the contempt proceedings against the Economist, submitted their reply and the Tribunal fixed 24 April 2013 for a hearing. The South Asian Bureau Chief of the Economist and the Chief Editor of the London based weekly were named in contempt proceedings that the Tribunal initiated on 6 December 2012. The Tribunal issued a notice asking them to show cause why action for interference with the ongoing trials and violating the privacy of a judge in conjunction with the publication of alleged skype conversations between the former Tribunal 1 Chairman and foreign lawyer Ahmed Ziauddin.

Today the Tribunal also heard arguments from Ahsanul Huq Hena, Senior Defense Counsel for Salauddin Qader Chowdhury, in support of his application for police protection coming to the Tribunal during hartal (strike) days. The advocate submitted that he represents Salauddin Qader Chowdhury, Mobarak Hossain alias Mobarak Ali, and Abdul Alim. Hena stated that he is does not belong to any political party and comes to court in a professional context. He further submitted that on his way to the Tribunal he has been followed and threatened in offensive language by people outside the court. Because he resides far away from the Tribunal and has to cross several areas to come to the Tribunal, Hena stated that it is unsafe and troublesome for him to attend proceedings during hartal days.

Prosecutor Sultan Mahmud Simon agreed with the Defense application and stated that if the provisions of law (he did not make it clear which law) allowed Prosecution counsel to receive police protection then Defense Counsel should be similarly assisted. The Tribunal verbally allowed the Defense application and asked Prosecutor Sultan Mahmud Simon to communicate the Tribunal’s approval to the police. The Tribunal also scheduled 27 March as the date for passing its order regarding this application.

After hearing the Defense application, the Tribunal then turned to the Defense’s cross-examination of Prosecution witness 23, Bano Gopal Dash. After the completion of the cross-examination the Tribunal adjourned the proceedings of the case until 27 March 2013.

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24 March 2013: ICT-1 Daily Summary – Gholam Azam Defense Closing Arguments, Chowdhury Defense Application for Police Protection

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Defense Closing arguments
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – Defense Counsel Application for Police Protection to and from the Tribunal

Tajul Islam, Defense Counsel of Gholam Azam filed an application seeking permission to meet with his client Gholam Azam. Additionally, the Defense concluded the closing arguments on factual issues. Arguments continued for 5 days and addressed Prosecution and Defense witnesses as well as Charge 5. The Tribunal then adjourned the proceedings until 27 March 2013, when Abdur Razzaq is scheduled to present the Defense arguments on legal issues and Charges 1 to 4.

In the case of Salauddin Qader Chowdhury, senior Defense counsel Ahsanul Huq Hena, filed an application seeking police protection for coming to the Tribunal during days when hartals or other political unrest present security concerns. He requested that his car be accompanied by full time uniformed police gunman. The Tribunal scheduled a hearing of the petition for tomorrow and adjourned the proceedings until then.

Chief Prosecutor vs. Gholam Azam- Defense Closing Arguments
Prosecution Witness 16 – The Investigating Officer
The Defense read out different paragraphs from the testimony of the Investigating Officer, Prosecution witness 16. Mizanul Islam submitted that during the cross-examination the witness was asked whether Gholam Azam had a direct connection with the local Peace Committee but was only able to refer to Exhibit-57, the Daily Pakistan dated 16 April 1971. The Defense noted that the contents of Exhibit-57 do not answer the question. The article discusses the formation of a 21 member executive committee within the Peace Committee and states its purpose as bringing back normalcy at the direction of the Central Peace Committee. On cross-examination the Investigating Officer admitted that he did not find any direction or order bearing the signature of Gholam Azam. The witness also admitted that there was no resolution which designated Gholam Azam the power to cancel or suspend any local level Peace Committee. The Defense noted that the Investigating Officer was unable to specify who had authority within the Peace Committee to issue directions or orders to the local level committees. The Investigating Officer claimed that directions and orders from the Central Peace Committee were communicated to the local level Peace Committees by newspapers, television and radio broadcast. He further testified that the local level Peace Committees were bound to follow the directions. However, the Defense noted that the witness had admitted that he did not know the broadcasting range of Dhaka television stations and acknowledged that due to poor communication there was often a delay in orders reaching newspapers in remote areas such as Taknaf and Tetulia. The witness also admitted that he had no evidence as to whether the Daily Shangram or the Daily Paigam was distributed in Patuakhali (a remote area). Continue reading →

21 March 2013: ICT-1 Daily Summary – Chowdhury and Sayedee Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury: Two Defense Applications
  2. Chief Prosecutor vs. Sayedee:  Case-in-Chief: Two Defense Applications

On 21 March 2013 the Tribunal passed an order rejecting the petition filed by Salauddin Quader Chowdhury under section 7 of the Members’ Privileges Act of 1965. Salauddin filed this petition when Parliament was in session seeking an adjournment of criminal proceedings at the Tribunal until seven days after the conclusion of the session of Parliament. The Tribunal stated that Section 7 of the Member Privileges Act should be read with section 8 of the same Act. They stated that section 8 of the Member Privileges Act will be applied in the present scenario as Chowdhury was arrested on criminal charges. The Tribunal further stated that Parliament currently is not in session and the petition has no merits and is therefore rejected.

On March 19, 2013 Salauddin Quader Chowdhury filed a petition seeking protection from defamatory harassment while in the custody. Chowdhury has been charged with committing sodomy against another inmate of the Kashimpur-1 jail where Chowdhury is being held. The alleged victim is evidently serving a 31 year sentence and was apparently delegated to serve Chowdhury who has special accommodations in jail. The charges were not brought by the alleged victim himself, but by the victim’s father. Chowdhury contests the charges and has stated that he believes them to be backed by parties with vested interests who seek to destroy him politically. In addition to protection from defamatory statements, Chowdhury requested that the Tribunal order an investigation into the allegations. The Tribunal disposed off the petition, stating that the matter was not related to the case and was a matter for the jail authorities. However, the Tribunal directed the jail authorities to take steps so that Salauddin Quader Chowdhury could assign the power of attorney to a representative for filing a suit in this regard.

In the Sayedee case the Tribunal heard arguments for the two Defense applications filed on 20 March 2013. The first requested bail for two cases filed in the Pirojpur Sadar Police Station Case No 9(8)09 and Zianagar Police Station Case No 4(9)09; the second requested certified or authenticated copies of the FIR, Charge Sheet, Statement of witnesses and other relevant documents related to these cases filed in Pirojpur Sadar Police Station and Zianogor Police Station. Mizanul Islam submitted that the two cases were transferred to the Investigation Agency of the ICT and the cases are still under investigation. He further submitted that there is no forum in which Sayedee can seek a legal remedy other than ICT. Therefore the Defense requested bail before this Tribunal. Prosecutor Haider Ali submitted that none of the documents related to these cases were exhibited in the ICT case against Sayedee. He further submitted that there is no connection between the ICT case and the cases filed in the Pirojpur Sadar Police Station (Case No 9(8)09) and Zianagar Police Station (Case No 4(9)09). Thereafter, Tribunal rejected both the Defense applications, stating that Tribunal has no authority to supply documents regarding these two cases.

The Tribunal then adjourned the proceedings at about 11:35 due to the government’s declaration of a public holiday to mourn the death of the President of Bangladesh.

18 March 2012: ICT-1 Daily Summary – Short Coverage due to Hartal

NOTE: Due to security concerns during the hartal our researchers were not able to attend proceedings. This summary is compiled from media coverage and the input from the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Prosecution Arguments on Civilian Command Responsibility (Accused Not Present)
  2. Chief Prosecutor vs. Saluddin Qader Chowdhury – Cross-examination of PW 21

On 14 March 2013 the Chairman of Tribunal 1 scheduled the 18th for the hearing of arguments from Prosecutor Turin Afroz and Defense counsel Imran Siddique regarding the issue of whether a civilian could have a superior command responsibility. Today Prosecutor Turin Afroz submitted her arguments. Imran Siddique was absent at the Tribunal due to the hartal. A junior Defense counsel who was present submitted an application for adjournment for two days on behalf of both senior Defense counsel Mizanul Islam and Imran Siddique. Thereafter the Tribunal adjourned the proceedings until March 20, 2013 and imposed the cost of taka 5,000 for the delay. The Tribunal directed the Defense to pay the amount along with the taka 1,000 cost which was previously assigned and due March 20, 2013.

Our researchers hope to collect the Prosecution’s written submission regarding command responsibility and will post notes about it.

In the Chowdhury case the Defense counsel was absent and Salauddin Quader Chowdhury conducted the cross-examination of Prosecution witness 21, Abul Bashor, himself. Thereafter Tribunal adjourned the proceedings of the case until tomorrow, 19 March 2013.

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12 March 2013: ICT-1 Daily Summary: Gholam Azam Defense Adjournment, Chowdhury PW 21, Mubarak Hossain Cognizance of Charges

12 March 2013: ICT-1 Daily Summary

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam –  Defense Closing Arguments
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury –  Testimony of PW 21
  3. Investigation of Mubarak Hossain – Cognizance of Charges

On March 12, 2013 a junior Defense counsel for Gholam Azam sought adjournment saying that senior Defense attorney Mizanul Islam could not attend due to the personal difficulties. The Tribunal accepted the Defense prayer and adjourned the proceedings of the Gholam Azam’s case until March 13. The charged the Defense taka 1,000 for the cost of the delay.

The Tribunal took cognizance of the formal charge against Mubarak Hossain and ordered him to be detained in jail, rejecting the Defense request for an extension of bail. The Tribunal fixed 4 April 2013 for the next date of hearing.

In the Chowdhury case Prosecution witness 21, Abul Bashar, testified before the Tribunal. Thereafter, Tribunal adjourned the proceedings of the Chowdhury case until 18 March 2013.

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